(a)

Authority of the planning and zoning commission. The planning and zoning commission, hereinafter referred to in this section as the "commission", shall have jurisdiction of and be responsible for the administration of the regulations and provisions of this chapter. It shall have the power to exercise this jurisdiction as hereafter provided, and shall have the authority to act in its administrative capacity on the following matters:

(1)

Variance and adjustments.

(2)

Interpretations.

In exercising its jurisdiction, the commission shall adopt from time to time such general rules and regulations relating to its procedure as may be deemed necessary.

(b)

Variances. Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the commission shall have authority to grant upon such terms and conditions as it deems necessary, such variances therefrom as may be in harmony with their general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done as follows:

(1)

Permit the extension of an existing or proposed conforming use into an adjoining more restricted zone.

(2)

Permit a building or use on a lot immediately adjoining or across an alley from a less restricted zone, upon such conditions and safeguards as will tend to cause an effective transition from the less restricted to the more restricted zone.

(3)

Permit the addition or enlargement of a building, nonconforming as to use regulations, provided such addition or enlargement complies with all the height and area regulations of the zone in which it is located, and that the total aggregate floor area of such additions or enlargements does not exceed 50 percent of the floor area of the existing nonconforming buildings.

(4)

Permit in the Estate, R-1, R-2, and R-3 districts, a transitional use on a lot adjoining a building nonconforming as to use, provided such transitional use shall only be a use permitted in the next less restricted zone than the one in which the nonconforming building is located, such as and R-2 use in an R-1 district.

(5)

Permit a less restricted use in a more restricted zone as follows: Any C-2 use in the C-1 district, any M-1 use in the C-3 district, any M-2 use in the M-1 district; provided such use due to its limited nature, modern devices, or building design will be no more objectionable than use permitted in such zone.

(6)

Permit such modification of the height and area regulation as may be necessary to secure an appropriate improvement on lot.

(7)

Permit the modification or waiver of the automobile parking or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of this chapter.

(8)

Permit the modification of the conditions under which specific uses are allowed in certain zones.

(9)

Permit temporary buildings and uses for periods of not to exceed two years in undeveloped sections of the city, and for periods of not to exceed six months in developed sections.

(10)

Permit the following uses in zones from which they are prohibited by this chapter: airports or aircraft landing fields, cemeteries, development of natural resources, together with the necessary buildings, apparatus or appurtenances incident thereto, hospitals or institutions, governmental enterprises, public libraries or museums, public utilities and public service uses or structures, and recreational or community centers privately operated.

(c)

Variance requirements. No variance shall be granted by the commission unless it finds that:

(1)

The strict application of the provisions of this chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of the chapter;

(2)

There are exceptional circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood;

(3)

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or neighborhood in which the property is located; and

(4)

The granting of such variance will not be contrary to the objectives of any part of the master plan adopted by the commission; provided, however, that all of the above enumerated requirements need not apply to variances involving special and conditional uses specified in this article, and variances for such uses shall only be granted by the commission where it finds that they are deemed essential or desirable to the public convenience or welfare, are in harmony with the various elements or objectives of the master plan, and will not be materially detrimental or injurious to property or improvements in the immediate neighborhood.

(d)

Application. Applications for variances shall be filed with the clerk of the commission in writing, and shall be accompanied by a sketch or plat showing the desired variances.

(e)

Hearing. Upon filing of an application for a variance, the clerk of the commission shall set a date for public hearing thereon as soon as may be practicable.

(f)

Notice. Written notice of such public hearing shall be sent to owners of real property lying within 200 feet of the property on which the variance is proposed. Such notice shall be mailed not less than ten days before the date set for such hearing, by mailing such notice properly addressed and postage paid to all such owners on the last approved city tax roll; provided, however, that where property lying within 200 feet of the property proposed to be varied is located in territory that was annexed to the city after compilation of the last approved city tax roll, notice to such owners shall be given by publication of the time and place of such hearing in a newspaper of general circulation published in the city, at least 15 days prior to such hearing, without the necessity of mail notices.

(g)

Decision. The planning and zoning commission shall render its decision by filing a statement of such decision with the city secretary. Such decision shall be the preliminary and final report of the commission, unless otherwise specified.

(h)

Effect date of variance. No variance granted by the commission shall become effective until the expiration of ten days from the date of its decision or upon final determination by the city council.

(i)

Conditions of variance. The commission may condition the effectiveness of the granting of a variance in such means and manners as it deems just and reasonable. For example, it may condition the effectiveness of the variance upon the proposed construction being actually completed within a certain length of time, or carried on diligently to completion, and in the event that it is not, than the variance shall become void. The commission shall retain authority to extend or modify such conditions.

(j)

Interpretation. The commission shall have the authority to interpret the intent of this chapter by written decision, which shall be in the form of a resolution adopted by a majority of its membership. Thereafter, such interpretation shall be followed in applying said provisions, unless changed by the city council on appeal.

(Ord. No. 235, § 29, 6-22-1993)

(a)

In general. The boundaries of the districts or the regulations and restrictions established in this chapter may, from time to time, be amended, supplemented, or changed by ordinance.

(b)

Application. Any application for a change in zoning classification of a particular lot, or any other request or proposal to amend or supplement the boundaries of districts, shall be submitted in writing and filed with the clerk of the planning and zoning commission.

(c)

Hearing. Upon the filing of such application, the clerk of the commission shall set a date for a public hearing thereon as soon as possible.

(d)

Notice. Written notice of such public hearing shall be sent to owners of real property lying within 200 feet of the property on which the change is proposed. Such notice shall be mailed not less than ten days before the date set for such hearing, by mailing such notice properly addressed and postage paid to all such owners who have rendered their said property for city taxes on the last approved city tax roll. Provided, however, that where property lying within 200 feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication of the time and place of such hearing in a newspaper of general circulation published in the city, at least 15 days prior to such hearing without the necessity of mail notices.

(e)

Decision. The planning and zoning commission shall render its decision by filing a statement of such decision with the city secretary. Such decision shall be the preliminary and final report of the commission unless otherwise specified.

(f)

Denial. In the event the application for variance or zoning change is denied by the planning and zoning commission, and no person appeals as hereinafter provided, then the decision of the planning and zoning commission shall be final, and there shall be no further proceedings shall be had on any such application.

(g)

Granting variance. In the event the decision of the planning and zoning commission is the granting of a variance, and no person appeals as hereinafter provided, then the action of the planning and zoning commission shall be final, and no further proceedings shall be had on any such application.

(h)

Granting zone change. In the event the decision of the planning and zoning commission is granting of zone change, then, regardless of whether there has been an appeal, the city secretary shall place the matter on the agenda for a city council meeting, and notices of such public hearing shall be given as set forth in subsection (i) of this section.

(i)

Notice of appeal. Any person aggrieved or affected by the planning and zoning commission's decision may appeal by filing with the city secretary, within ten days from the date of the commission's decision, a written notice of appeal. Such notice shall be sufficient if it is signed by the person appealing and set forth an intent to appeal. The date of the decision is filed with the city secretary.

(j)

Notice of public hearing. On receipt of the notices of appeal, the city secretary shall add the consideration of the appeal to the agenda of the earliest practicable city council meeting. Notice of such meeting shall be published at least 15 days in advance in a newspaper of general circulation published in the city.

(k)

Hearing. The city council shall hold a public hearing at the time and place specified in such notice and may continue the same from day to day.

(l)

Decision. Upon such hearing, the city council shall act on such appeal. Provided, however, in case of a written protest against such change, signed by the owners of 20 percent or more either of the area of the lots or land included in such proposed change, or of the lots or land immediately adjoining the same and extending 200 feet therefrom, a change in zoning shall not become effective except by favorable vote of three-fourths or more of all members of the city council.

(Ord. No. 235, § 30, 6-22-1993)

(a)

Permit required. Before commencing any work pertaining to the erection, construction, reconstruction, moving, conversion or alteration of any building, a permit shall be secured from the building inspector by any owner or his agent for said work, and it shall be unlawful to commence any work until and unless such permit shall have been obtained, provided further that no such building shall be occupied or used unless a certificate of occupancy and a license for such use where required is first obtained from the department or person vested with the duty or authority to issue same.

(b)

Compliance. All department officials or public employees vested with the duty or authority to issue permits, licenses, or certificates of occupancy where required by law, shall conform to the provisions of this chapter. No such permit, license, or certificate for buildings, uses or purposes, where the same would be in conflict with the provisions of this chapter, shall be issued in conflict with the provisions hereof, shall be null and void.

(c)

Compliance by city. The provisions of this chapter shall apply to all buildings, improvements, lots and premises, owned, leased, operated or controlled by the city or any department thereof, or by any other municipal or quasi-municipal corporation or governmental agency.

(d)

Certificate of occupancy for buildings.

(1)

No building hereafter erected, moved, enlarged, or altered, shall be occupied, used, or changed in use until a certificate of occupancy shall have been issued by the building inspector of the city. Such certificate shall be applied for coincident with the application for a building permit, and shall be issued only after such building enlargement or alteration has been completed in conformity with the provisions of this chapter, and when the proposed use conforms thereto. Further, no excavation for a building shall be started before application has been made for a certificate of occupancy.

(2)

Any use legally occupying an existing building at the time the ordinance from which this chapter is derived became effective, may be continued but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the building inspector, after finding that such use conforms with the provisions of this chapter.

(e)

Certificate of occupancy for land. A certificate of occupancy shall be applied for before any vacant land is hereafter used, or before an existing use of vacant land is hereafter used, or before an existing use of vacant land is changed, and the building inspector shall issue such certificate within ten days after said application is filed, provided such use is in conformity with the provisions of this chapter, provided further, that no certificate of occupancy shall be required where the land is to be used for tiling the soil and growing therein farm, garden, or orchard products.

(f)

Certificate of occupancy; contents, etc. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all laws and ordinances, and with the provisions of this chapter. A record of all certificates shall be kept on file in the office of the building inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. No. 235, § 31, 6-22-1993)

(a)

Interpretation, purpose, conflict. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this chapter shall control; provided, however, that any conditional variance granted, pursuant to the provisions of any zoning or districting ordinance enacted prior to the effective date of the ordinance from which this chapter is derived, shall be construed to be a variance under this chapter, subject to all limitations imposed in such conditional variance. Such variances, however, if not utilized within 180 days from the effective date of the ordinance from which this chapter is derived, shall be null and void and the property included therein shall thereafter be subject to all the regulations of the zone in which it is located.

(b)

Enforcement and penalties.

(1)

It shall be the duty of the building inspector to enforce the provisions of this chapter pertaining to the erection, construction, reconstruction, moving, conversion, alteration, addition or use of any building, or to the use of land.

(2)

It shall also be the duty of the city police department and all officers of said city otherwise charged with the enforcement of the law, to enforce this chapter.

(3)

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a Class C misdemeanor, and on conviction thereof, be punished by fine according to the amount thereof established by the state legislature for punishment upon conviction of a Class C misdemeanor. Such person, firm or corporation shall be deemed guilty for each day during any portion of which any violation is committed, continued or permitted, and shall be punishable as herein provided.

(4)

The city attorney, upon request of the council, shall institute any necessary legal proceedings to enforce the provisions of this chapter, and he is hereby authorized, in addition to the remedy herein provided, to institute an action for an injunction to restrain, or any other appropriate action or proceedings to enforce such provisions.

(Ord. No. 235, § 32, 6-22-1993)